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CCA help offered 5%

Hi, I have a DMP with stepchange. I owe £7500 amongst this is £2400 to barclaycard and £400 to natwest. I requested a copy of CCA's in April they told me in May they cannot be found I have sone offered PRA group who own the debt 5% of the balances to settle them they have said NO they want 100% of the money. My defaults for these have just dropped off and I do not want more. Should I stop paying as they have rejected the 5% and cannot find the CCAs? Thank you

Comments

  • D3xt3r5L4b
    D3xt3r5L4b Posts: 1,852 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    No. If you’ve been paying it counts as acknowledging the debts and you could end up with a CCJ and further action being taken. 

    What makes you believe you can just stop paying money that you owe?
  • col81
    col81 Posts: 336 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    I thought if they cant find the CCA you can offer a low amount to settle if they say no it is unenforceable these debts are 5 years old
  • D3xt3r5L4b
    D3xt3r5L4b Posts: 1,852 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    5 years old doesn’t matter.
    Your making payments towards them means you’ve acknowledged them and the “unenforceable clock” doesn’t reset, so to speak. 
  • col81
    col81 Posts: 336 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Ok so I have no options then?
  • D3xt3r5L4b
    D3xt3r5L4b Posts: 1,852 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Well yes. You can pay what you owe. 
  • sourcrates
    sourcrates Posts: 31,817 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 14 October 2020 at 6:15PM
    The debts are unenforcable in court as they cannot provide the correct legal paperwork you asked for.
    Your confusing Gary, it makes no difference if your paying them or not, this is not the limitation period we are talking about here, this is the inability of the creditor to comply with a sec 77/79 request for information.
    Failure to comply means they cannot enforce their rights against you in court, so no CCJ.

    Your choices are -
    walk away and pay nothing
    continue to pay what your paying now
    make a larger offer.

    They cannot obtain judgement against you, they do not possess your credit agreement, the debt is effectively dead in the water.

    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • D3xt3r5L4b
    D3xt3r5L4b Posts: 1,852 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    But morally still owing. But then again morals seem to play no part on here - it’s all about getting out of dodge.
  • sourcrates
    sourcrates Posts: 31,817 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    The OP is entitled to know his position, so that he can act accordingly.

    Seldom is life as simple as to be dictated by moral decisions.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • col81
    col81 Posts: 336 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Ok in that case I will call stepchange and stop paying it
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